Title 29 — Labor
Part A · Chapter 16 — Vocational Rehabilitation and Other Rehabilitation Services
§ 726. Evaluation standards and performance indicators
Statutory text
In general
Standards and indicators
The evaluation standards and performance indicators for the vocational rehabilitation program carried out under this subchapter shall be subject to the performance accountability provisions described in section 3141(b) of this title.
Additional performance accountability indicators
A State may establish and provide information on additional performance accountability indicators, which shall be identified in the State plan submitted under section 721 of this title.
Compliance
State reports
In accordance with regulations established by the Secretary, each State shall report to the Commissioner after the end of each fiscal year the extent to which the State is in compliance with the standards and indicators.
Program improvement
Plan
If the Commissioner determines that the performance of any State is below established standards, the Commissioner shall provide technical assistance to the State, and the State and the Commissioner shall jointly develop a program improvement plan outlining the specific actions to be taken by the State to improve program performance.
Review
The Commissioner shall—
on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Commissioner, direct the State to make further revisions to the plan to improve performance; and
continue to conduct such reviews and request such revisions until the State sustains satisfactory performance over a period of more than 1 year.
Withholding
If the Commissioner determines that a State whose performance falls below the established standards has failed to enter into a program improvement plan, or is not complying substantially with the terms and conditions of such a program improvement plan, the Commissioner shall, consistent with subsections (c) and (d) of section 727 of this title, reduce or make no further payments to the State under this program, until the State has entered into an approved program improvement plan, or satisfies the Commissioner that the State is complying substantially with the terms and conditions of such a program improvement plan, as appropriate.
Report to Congress
Beginning in fiscal year 1999, the Commissioner shall include in each annual report to the Congress under section 710 of this title an analysis of program performance, including relative State performance, based on the standards and indicators.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Rehabilitation Act of 1973
Pub. L. 93–112 title I § 106 · 87 Stat. 355
Enacted · 29 U.S.C. § 726
Pub. L. 93–112, title I, § 106, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1156
Source evidence
Code source credit
Pub. L. 93–112, title I, § 106, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1156Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 416(1) · 128 Stat. 1425
Added · 29 U.S.C. § 726(a)
Pub. L. 113–128, § 416(1), added subsec. (a)
Struck · 29 U.S.C. § 726(a)
Pub. L. 113–128, § 416(1), struck out former subsec. (a) which provided for the establishment, review, and revision of evaluation standards and performance indicators
Source evidence
Code amendment note
Subsec. (a). Pub. L. 113–128, § 416(1), added subsec. (a) and struck out former subsec. (a) which provided for the establishment, review, and revision of evaluation standards and performance indicators.Enacted provision · exact public law section
(1) by striking subsection (a) and inserting the following: “(a) In General.— “(1) Standards and indicators.— The evaluation standards and performance indicators for the vocational rehabilitation program carried out under this title shall be subject to the performance accountability provisions described in section 116(b) of the Workforce Innovation and Opportunity Act. “(2) Additional performance accountability indicators.— A State may establish and provide information on additional performance accountability indicators, which shall be identified in the State plan submitted under section 101.” ; andWorkforce Innovation and Opportunity Act
Pub. L. 113–128 § 416(2) · 128 Stat. 1425
Substituted · 29 U.S.C. § 726(b)(2)(B)(i)
Pub. L. 113–128, § 416(2), substituted “on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Commissioner, direct the State” for “review the program improvement efforts of the State on a biannual basis and, if necessary, request the State”
Source evidence
Code amendment note
Subsec. (b)(2)(B)(i). Pub. L. 113–128, § 416(2), substituted “on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Commissioner, direct the State” for “review the program improvement efforts of the State on a biannual basis and, if necessary, request the State”.Enacted provision · exact public law section
(2) in subsection (b)(2)(B)(i), by striking “review the program” and all that follows through “request the State” and inserting “on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Commissioner, direct the State”.
3 of 4 references resolved to an enrolled provision · 1 partial
Editorial Notes
Prior Provisions
A prior section 726, Pub. L. 93–112, title I, § 106, as added Pub. L. 102–569, title I, § 127(a), , 106 Stat. 4385, related to evaluation standards and performance indicators, prior to the general amendment of this subchapter by Pub. L. 105–220.
Amendments
2014—Subsec. (a). Pub. L. 113–128, § 416(1), added subsec. (a) and struck out former subsec. (a) which provided for the establishment, review, and revision of evaluation standards and performance indicators.
Subsec. (b)(2)(B)(i). Pub. L. 113–128, § 416(2), substituted “on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Commissioner, direct the State” for “review the program improvement efforts of the State on a biannual basis and, if necessary, request the State”.
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128
Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section.
Credits
1998–2014 · 2 acts
- 1998Pub. L. 93–112, title I, § 106, as added Pub. L. 105–220, title IV, § 404, , 112 Stat. 1156
- 2014amended Pub. L. 113–128, title IV, § 416, , 128 Stat. 1654.
Show as published
(Pub. L. 93–112, title I, § 106, as added Pub. L. 105–220, title IV, § 404, , 112 Stat. 1156; amended Pub. L. 113–128, title IV, § 416, , 128 Stat. 1654.)